Defendant, Mark Vahey, appeals from the judgment, entered in a court-tried case, in favor of plaintiffs, Donald Vahey, et al., in an action for replevin or alternatively for money damages for property taken by him. The court found that Mark Vahey converted the property and awarded damages to the four named plaintiffs. We vacate and remand.

George Vahey died in January 2001. At the time of h

The plaintiff, Harolyn Johnson, appeals from the judgment of the trial court rendered after it granted the defendant's1 motion to strike the revised amended complaint. On appeal, the plaintiff claims that the court improperly (1) struck the complaint and (2) rendered summary judgment on a complaint that previously had been withdrawn. We affirm the judgment of the trial court in part and

Robert Duncan ("Appellant"), appeals the judgment of the trial court in favor of Carol Nachbar ("Respondent"), on her claim for replevin and collection following default on certain payments owed by Appellant on promissory notes negotiated by the parties to this action. The trial court ordered Appellant, individually, to pay to Respondent $12,232.04 and later amended the judgment to include an addi

L & L Wholesale, Inc., ("L&L") sought to register a Colorado default judgment against Missouri residents George L. Gibbens and April R. Gibbens ("the Gibbens" when referred to together, by their first names when discussed individually) in Greene County, Missouri. The trial court sustained the Gibbens' motion to vacate the registration of the foreign judgment. With three points relied on, L&L conte

This appeal arose from an action brought by plaintiff, Regency Savings Bank, to foreclose its mortgage on the residence of defendants, Sigmund J. Chavis and Harriet Chavis. The trial court found that defendants were entitled to rescind the note and mortgage because they were not provided with proper documentation regarding their rescission rights pursuant to section 1635 of the Truth in Lending Ac

Kevin E. Decker (hereinafter, "Decker") and Joel R. Kamil (hereinafter, "Kamil") incorporated their public accounting firm, Kamil, Decker & Co., P.C.. In January 2001, Decker and Kamil sought arbitration to divide the firm's assets and liabilities. Kamil and Kamil, Decker & Co., P.C. (hereinafter and collectively, "Appellant") appeal from the judgment entered confirming an arbitration award dividi

Defendant General Motors Acceptance Corp. (GMAC) appeals from an order of the circuit court of Williamson County entering a judgment in favor of Wilma Adams (plaintiff). On appeal, GMAC raises issues as to (1) whether plaintiff ratified a retail installment contract held by GMAC and (2) whether the trial court erred in denying GMAC's request for a replevin.

FACTS

The facts of this

Leasing One Corporation ("Leasing One") appeals the trial court's entry of partial summary judgment in favor of Caterpillar Financial Services Corporation ("Caterpillar") on Caterpillar's complaint for replevin, declaratory relief, and damages. Leasing One presents two issues for our review, which we consolidate and restate as whether genuine issues of material fact preclude summary judgment for

Replevin and Conversion Claims

1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a

Plaintiffs, Charles and Pamela Bahuriak, filed a four-count complaint against defendant, Bill Kay Chrysler Plymouth, Inc. (Bill Kay Chrysler), after Charles purchased a 2000 Chrysler Sebring and traded in a 1996 BMW Z3 convertible owned by him and Pamela. Thereafter, Bill Kay Chrysler filed a motion to stay the proceedings and compel arbitration pursuant to the Federal Arbitration Act (9 U.S.C. §1

Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution.

Facts and Procedural History

Appellant Stephen A. Songer is chairman of the b

MCI, a company in the long-haul trucking business, leased forty-six Aeromax A-95 trucks from Ford. The trucks consistently suffered from driveline and vibration problems. MCI reported driveline failures in twenty-one of their trucks, as well as other problems allegedly caused by the vibrations (such as cracks in the windshields, tire wear, etc.). MCI sued Ford and Ford Credit for breach of e

The sole issue in this appeal is whether the trial court improperly denied the application of the named plaintiff, Donna K. Feldmann (plaintiff),1 for a prejudgment remedy and the appointment of a receiver to collect certain tribal incentive payments furnished to the defendants, Keithkalani Sebastian and Juanita Graham, as members of the Mashantucket Pequot Tribal Nation (tribe). On appeal,

Chrysler Financial Company, L.L.C. ("CFC") appeals from a judgment entered in accordance with verdicts reached following jury trial in favor of William E. Flynn, Jr. ("Bill") on CFC's petition for replevin and Bill's counterclaim counts for trespass, conversion, and breach of contract, and in favor of Bill's wife, Grace A. Flynn ("Grace"), on her counterclaim count for negligent infliction of emot

This is a suit that is going no-where; but the district court, by granting a motion to dis-miss under Fed. R. Civ. P. 12(b)(6), buried it prematurely because a few faint signs of life remained. A frequent filer (see Bontkowski v. United States, 28 F.3d 36 (7th Cir. 1994); Bontkowski v. First National Bank of Cicero, 998 F.2d 459 (7th Cir. 1993); Bontkowski v. Jenkins, 661 F. Supp. 576 (N.D.

In December 1996, Joe Penney and his wife Sandy entered into an oral agreement to sell a home located at 145 South Main, Kenosh, Utah (the "property"), to plaintiffs Eric and Laurie Brown.(1) This agreement was later memorialized in a short written contract, on or about February 1, 1997.

The Browns began living in the property in January 1997. The parties set a tentative closing date, which

Mike Lowery and Tim Calhoun (appellants) appeal from the district court's denial of their motion for summary judgment. They argue that they are entitled to qualified immunity from suit by Kurt Dixon and the Big Mamou, Inc. (collectively referred to as "Dixon") because they did not violate a clearly established constitutional right when they helped a private party acquire possession of the Big

In this replevin action, Randy Sutton and Rita Sutton appeal the decision in favor of appellee Green Tree Financial Servicing Corporation, now known as Conseco Finance Servicing Corporation (Green Tree). Green Tree sought possession of a manufactured home situated on real estate purchased by the Suttons. The Suttons were not debtors, but were in possession of the manufactured home at the time the

The plaintiff, ATC Partnership, appeals from the judgment of the trial court in favor of the defendants1 in an action of replevin to regain possession of certain machinery and equipment. The plaintiff claims that the court improperly (1) concluded that the plaintiff's property was not wrongfully detained because the defendant town of Windham (town) seized that property pursuant to an alias

On January 31, 1997 appellant Paul Solum was driving an uninsured pickup truck when a collision occurred with a vehicle driven by Adam Kraus. David Stoen, a passenger in the Kraus vehicle, was injured and brought suit against Paul Solum and Kraus. American National General Insurance Company (American) insured other vehicles owned by Paul Solum and he sought general liability coverage from Americ

Audio Odyssey and its owners brought a variety of claims under 42 U.S.C. § 1983 and state law against Brenton First National Bank, the Bank’s attorney and law firm, the Bank’s bonding company, various Scott County officials, and a loan officer of the Small Business Administration (SBA). The claims sought redress for the defendants’ mishandled execution of an ex parte writ of

{1} Based on certain oral representations, Jose Madrid and his wife Celia, now deceased, transferred the title to their home to Medardo Marquez. When Marquez attempted to evict the Madrids from their home, the Madrids filed suit against Marquez and others alleging fraud, breach of contract, outrage, and prima facie tort, and requested recission and equitable reformation. After a bench trial, t

UnknownIlkka Jalaskari appeals a final summary judgment finding he was not entitled to damages for the wrongful replevin of his vessel by The Bank of Nova Scotia (Bank). We reverse.

This case is a replevin action that has an unusual history. The Bank originally filed suit in Canada and obtained an Ontario judgment. However, Jalaskari had moved his family and the vessel on which they lived

1 This appeal concerns a dispute between the owner of a mobile home park and a secured creditor. Their dispute is over the disposition of a mobile home that was "abandoned" at the mobile home park.

2 The owner of the mobile home park contended that she had a storage lien pursuant to 42 O.S. Supp. 2000 § 91 for unpaid lot rent. The owner of the mobile home park conducted a sale of the mobile ho